Application of Customs Regulations 141.67 and 141.68to entries submitted through Automated BrokerInterface (ABI); Cargo Selectivity; ACS; C.D. 3550-28

HQ 222151 August 13, 1990 ENT-1-07 CO:R:C:E 222151 C CATEGORY: Entry/Liquidation Regional Commissioner of Customs Southeast Region 909 S.E. 1st Avenue Miami, FL 33131 RE: Application of Customs Regulations 141.67 and 141.68 to entries submitted through Automated Broker Interface (ABI); Cargo Selectivity; ACS; C.D. 3550-28 Dear Sir: This responds to your February 9, 1990, memorandum regarding the referenced subject (ADM-9-O:C CM). Your memorandum concerned the following scenario: A broker files an entry through ABI, which is then passed through the cargo selectivity mode of ACS (Automated Commercial System). The system instructs Customs to examine the merchandise. Customs orders the merchandise delivered to the CES (Container Examination Station). The broker instructs that delivery not be made and submits a letter to Customs withdrawing the entry under {141.67. The merchandise is never delivered to the CES, nor is it examined. Your memorandum suggested that this scenario is inconsistent with Customs enforcement concerns and evidences a means of escape from detection for those who would attempt to circumvent entry procedures for certain merchandise. Customs Directive 3550-28 (copy attached), dated October 10, 1987, addresses this matter. It instructs that after the broker receives a conditional release message, "which indicates that Customs expects to perform a 'general' or an 'intensive' examination," the broker "must" submit the entry to Customs, even if the broker intends not to use it. Deletion of the entry data depends on the explanation offered by the broker for not using the entry submitted. Although the directive does not address withdrawal under {141.67, it is clear that Customs consideration of the explanation would precede any decision to permit withdrawal of the entry under the regulation. Where cargo selectivity has instructed an examination, any explanation would be reasonably suspect. As applied to the scenario you presented, the merchandise could be examined before permitting the withdrawal of the entry. Generally, Customs can examine merchandise in Customs custody anytime prior to release. 19 U.S.C. 1499. Sincerely, Michael H. Lane